§ 12.16.020. Definitions.

For the purpose of this chapter, the following definitions shall apply:

"Certified arborist" shall be one of the persons who has completed the requirements of, and who appears on the approved list of the International Society of Arboriculture, Western Chapter. This list shall be available for review in the community development department.

"City" means the city of Arroyo Grande.

"City council" means the city council of the city of Arroyo Grande.

"Conditioned tree" means any tree that is to be preserved and protected from removal, destruction or loss as a requirement of a permit issued by a permit-granting authority.

"Dead regulated tree" means a regulated tree that is no longer alive or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exist to sustain life) and has been determined to be in such a state of decline by a certified arborist during a nondormant or other natural stage of the tree that would minimize the likelihood that the tree would be mistakenly identified as being in such a dead state.

"Development" means any project involving the issuance of permit for construction or reconstruction, other than interior remodeling, but not a permit to operate.

"Director" means the city public works director or his or her duly appointed agent.

"Dripline" means an imaginary vertical line running from the outermost branches or portions of the tree crown to the ground.

"Excessive pruning" means removing in excess of one-third (33.3 percent) or greater of the functioning leaf, stem, or root area of a tree. Pruning in excess of 33.3 percent is injurious to the tree and is prohibited unless written approval is granted by the public works director or his or her appointed representative prior to initiating the work. Topping and lion's tailing shall be considered unacceptable pruning practices for trees.

"Fire chief" means the fire chief of the Five Cities Fire Authority.

"Imminent fire safety hazard" means trees that impinge upon the fire defensible zone around structures as determined by the fire chief. The defensible zone is defined as that area one hundred (100) feet around a structure or two hundred (200) feet if structure is situated on or above a slope.

"Landmark tree" or "landmark grove" means existing tree(s) on public or private property that has been found to be a notable horticultural specimen, or is of significant aesthetic, cultural or historical value, and is designated as such by resolution of the city council, upon recommendation of the planning commission of the city. Landmark trees may include street trees.

"Lion's tailing" means the removal of an excessive number of inner, lateral branches from parent branches. Lion's tailing is not an acceptable practice.

"Maintenance" means pruning, spraying, fertilizing, staking, irrigating, treating for disease or injury, and other similar acts that promote the life, growth, health or beauty of trees or shrubs.

"Owner" means an individual, firm, association, corporation, partnership, persona and lessees, trustees, receivers, agents, servants and employees of any such person(s).

"Parks and recreation commission" means the parks and recreation commission of the city of Arroyo Grande.

"Permit-granting authority" means that appropriate individual or body designated by municipal code or state law to have the legal authority to issue the permit for which application was made.

"Planting easement" means an easement adjacent to public right-of-way obtained for the purpose of planting and maintaining street trees.

"Planning commission" means the planning commission of the city of Arroyo Grande.

"Public places" means all properties owned by the city and public easements.

"Public streets" means all city public rights-of-way, including all public easements.

"Regulated tree" means any tree located on properties in commercial, multifamily or mixed use zones; coastal live oak trees (Quercus agrifolia) on properties in single-family residential zones that measure twelve (12) inches in diameter when measured four feet and six inches from the base; and any trees located in the public right-of-way adjacent to the street on properties in single-family residential zones, whether city or privately owned.

"Street trees" means any tree in any street, park, public place, or public easement.

"Subdivision" means any subdivision of property, including minor subdivisions.

"Topping" means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

"Tree coordinator" means the city employee who is responsible for the city landmark tree program, memorial tree planting, Arbor Day activities, education programs, issuing of tree removal permits, and coordination with citizens regarding tree matters.

"Tree removal" means the destruction or displacement of a tree or shrub by cutting, bulldozing, mechanical, chemical or other method, which results in a physical transportation of the tree from its site and/or death of the tree.

"Tree well" means an unsurfaced area provided within a paved or concrete sidewalk for the planting of a tree.

"Undeveloped property" means property that has been zoned to allow development, but which has not yet been developed.

(Ord. No. 656, § 1, 8-27-2013; Ord. No. 697, § 6, 10-23-2018)